IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18595 of 2011
Arbind Prasad & Anr
Versus
The State Of Bihar & Ors
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02. 21.10.2011. By the impugned order, the plaint has been
rejected under Order 7 Rule 11 C.P.C.
In view of the definition of “decree” as
provided under Section 2 Sub Section 2 C.P.C., the
same includes the rejection of the plaint and, therefore,
it is appealable under Section 96 of the C.P.C.. In view
of the above facts, this writ application is not
maintainable. Accordingly, it is dismissed.
Since the valuation of the suit is less than Rs.2
lacs, the appeal is maintainable before the District
Judge. If so advised, the petitioners may present the
appeal before the District Court within one month from
today with limitation application. If the appeal is filed
within the said period with limitation application, the
Court below shall consider the matter of limitation
according to law.
Saurabh (Mungeshwar Sahoo,J.)